Borough Council shall establish, from time to
time, fees and charges for all permits and applications required by
this chapter. This schedule, along with an explanation of the collection
procedure, shall be posted in the offices of the Borough Manager.
All fees and charges shall be adopted by resolution of Borough Council
at any regular or special meeting.
Amendments of this chapter may be initiated
by Borough Council, by the Planning Commission, or by a petition of
a landowner within the Borough in accordance with the following provisions:
A. Petitions for amendment by landowners, other than curative amendments under §
225-148 of this chapter, shall be filed in writing with the zoning officer, and the petitioner upon such filing shall pay a filing fee and/or review deposit in accordance with the schedule fixed by resolution of Borough Council.
B. Any proposed amendment other than one proposed by
the Planning Commission shall be referred to the Planning Commission
for review. The Planning Commission shall review the proposed amendment
and report its findings and recommendations, in writing, to the Borough
Council and to the petitioner.
C. In the event the Planning Commission recommends approval
of the proposed amendment, in whole or in part, or if a public hearing
is requested by at least one member of the Borough Council, a public
hearing will be scheduled on the proposed amendment and a copy of
the same submitted to the Allegheny County Department of Economic
Development at least 30 days prior to the public hearing in accordance
with the requirement of the Municipalities Planning Code.
D. If the proposed amendment involves a Zoning Map change,
notice of the public hearing shall be conspicuously posted by the
Borough at points deemed sufficient by it along the tract to notify
potentially interested citizens. The affected tract shall be posted
at least one week prior to the date of the hearing.
E. Notice of any proposed zoning map change shall also
be mailed by the Borough at least 30 days prior to the public hearing
by first class mail to the addresses to which real estate tax bills
are sent for all real property located within the area being rezoned,
as evidenced by tax records within the possession of the Borough.
A good faith effort and substantial compliance shall satisfy the requirements
of this subsection. This subsection shall not apply to a comprehensive
rezoning.
F. If, after any public hearing held upon an amendment,
the proposed amendment is substantially revised or further revised
to include land previously not affected by it, then the Borough Council
shall hold another public hearing pursuant to public notice before
proceeding to vote on the amendment.
G. The Borough Council shall act on a proposed amendment
to this chapter within 90 days of the date of the meeting at which
the public hearing on the amendment is closed. If the Borough Council
fails to so act within the said ninety-day period, then the proposed
amendment shall be deemed denied.
H. Within 30 days after enactment, a certified copy of
the amendment to this chapter shall be forwarded to the Allegheny
County Department of Economic Development.
I. The proposed amendment shall also be published, advertised
and made available to the public in accordance with the requirements
of the Municipalities Planning Code.
Any landowner who wishes to challenge, on substantive
grounds, the validity of this chapter or the Zoning Map or any provision
thereof which prohibits or restricts the use or development of land
in which he/she has an interest may prepare and submit a curative
amendment to the Borough Council, in the form he/she proposes it be
adopted, together with a written request that his/her challenge and
proposed amendment be heard and decided in accordance with the requirements
of the MPC. The Borough Council shall hold a public hearing, pursuant
to public notice, on the matter within 60 days of receiving an administratively
complete curative amendment request. Public notice of the public hearing
shall be given by the Borough in accordance with the requirements
of the MPC. Public hearings shall be conducted and held in accordance
with the applicable provisions of the MPC. The Borough Council shall
comply with all applicable requirements of the MPC regarding the conduct
of hearings and decisions related thereto.
A. Referral to Planning Commission. The curative amendment
and challenge shall be referred to the Planning Commission and the
Allegheny County Planning Agency or its designee at least 30 days
prior to the public hearing for review and comment.
B. Declaration of invalidity by the Court. If the Borough
does not accept a landowner's curative amendment brought in accordance
with this section and a court subsequently rules that the challenge
has merit, the Court's decision shall not result in a declaration
of invalidity for this entire chapter but only for those provisions
which specifically relate to the landowner's curative amendment and
challenge.
C. Evaluation of merits of curative amendment. If the
Borough Council determines that a validity challenge has merit, then
the Borough Council may accept a landowner's curative amendment, with
or without revision, or may adopt an alternative amendment which will
cure the challenged defects. The Borough Council shall consider the
curative amendments, plans and explanatory material submitted by the
landowner and shall also consider:
(1)
The impact of the proposal upon roads, sewer
facilities, water supplies, schools and other public service facilities.
(2)
If the proposal is for a residential use, the
impact of the proposal upon regional housing needs and the effectiveness
of the proposal in providing housing units of a type actually available
to and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of this chapter or the Zoning Map.
(3)
The suitability of the lot's soils, slopes,
woodlands, wetlands, floodplains, aquifers, natural resources and
other natural features for the intensity of the proposed uses.
(4)
The impact of the proposed use on the lot's
soils, slopes, woodlands, wetlands, floodplains, natural resources
and natural features, the degree to which these are protected or destroyed,
the tolerance of the resources to development and any adverse environmental
impacts.
(5)
The impact of the proposal on the preservation
of agriculture and other land uses which are essential to the public's
health, safety and welfare.
If the Borough Council determines that this
chapter or a portion thereof is substantially invalid, it may implement
the procedure for municipal curative amendments provided for in § 609.2
of the Municipalities Planning Code.